beta
(영문) 서울중앙지방법원 2019.09.18 2018가단5206670

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

In the Land Survey Book prepared during the Japanese occupation period, C is indicated as being subject to the assessment by Gyeonggi-gun B, 1,207 square meters (hereinafter “instant assessment land”).

The Defendant, on October 13, 1995, filed for the registration of preservation of ownership with respect to 3,99 square meters (hereinafter “the instant real property”), which was received on October 13, 1995, by the Goyang-gu District Court, Goyang-dong Branch Office, Goyang-si Branch Office, Goyang-si.

(2) On January 10, 1927, D (hereinafter “instant registration of initial ownership”) died on January 10, 1927, and E, his South-North Korea, succeeded to D’s property solely. On August 16, 1961, E died and jointly succeeded to F and H’s property. G died on September 24, 1997 and died on September 24, 1997 and jointly succeeded to the Plaintiff, J, and K’s property.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 through 3 (including branch numbers), and the plaintiff's argument about the ground of claim as to the whole purport of the pleadings, land of this case and the real estate of this case are the same land, and land of this case and real estate of this case is the same land as land of this case, and land of circumstance C is the same as

In other words, the Land Survey Board stated that C with the land of this case in the Gyeonggi-gu L was subject to the assessment of C with the address in the Gyeonggi-gu L, and D's head Nam changed the address in the Gyeonggi-do L from the Gyeonggi-gu L to Maro, and E's head Nam-gu G was born in the Gyeonggi-do L on September 24, 1934, it can be seen that D's address is the same person as C's address in the Gyeonggi-gu L on September 24, 1934.

Therefore, the Defendant’s registration of preservation of ownership in this case is deemed to be registration of invalidation of cause due to the destruction of presumed capacity, and the Plaintiff, as co-owners of the instant real estate, seeks to cancel the registration of preservation of ownership in this case.

Judgment

It is proven that C, recorded in the Land Survey Book, is the same person as C, with the assessment of the land of this case.